THE RIGHT OF AN INDIVIDUAL IN DETENTION TO CONSULT A LEGAL PRACTITIONER OF HIS CHOICE IS A RIGHT GUARANTEED BY THE CONSTITUTION - DELHI HC

11th May 2021
The petitioner is the President of the Alumni Association of the Jamia Milia Islamia. An FIR 
was filed against him associated with the riots that had taken place in Delhi on 23rd-25th 
February 2020. The present petition has been filed, impugning an order dated passed by the Additional learned Sessions, Judge. By the impugned order, the court had allowed the respondent‘s (STATE OF N.C.T. OF DELHI) application under Section 43D of the UAPA, 
1967 and extended the period of investigation and his detention till 17th September 2020. 

The petitioner claims that the order has been passed in violation of the principles of natural justice and violation of his rights under Article 21 of the Constitution of India. The petitioner 
claims that he was not afforded adequate opportunity to oppose the respondent‘s application 
for an extension of the period for completion of the investigation as he was not granted 
access to legal assistance or to consult his lawyers. He also submitted that the said reasons 
are not sufficient for extending the petitioner‘s detention. 

The Delhi HC observed that "The right of an individual in detention to consult a legal 
practitioner of his choice is a right guaranteed by the Constitution of India, and it is not open for the State to dilute this constitutional on the ground that no purpose would have been served even if such consultation is permitted."

"The petitioner has to be afforded an opportunity to present his reasons why the further time for investigation may not be granted. The contention that the petitioner has no right to oppose the extension for completion of the investigation is not persuasive. The conclusion of the learned court to the aforesaid effect is inaccurate and thus put aside."

Author: Papiha Ghoshal